| View previous topic :: View next topic |
| Author |
Message |
annepi
Joined: 18 Oct 2005
Posts: 2
|
 Posted: Mon Oct 24, 2005 3:57 am Post subject: clauses in contracts |
 |
|
Hi ,
I am about to start work at a school in Hanoi and am hoping that someone can give me advice regarding a clause in the contract they have sent me. It states that I cannot work for any other educational institution for 3 months after my contract has finished.
Is this the norm in Vietnam? And can it actually be enforced? Any advice that you can give me will be much appreciated
Thanks
Anne |
|
| Back to top |
|
 |
spycatcher reincarnated
Joined: 19 May 2005
Posts: 236
|
| Posted: Mon Oct 24, 2005 6:31 am Post subject: |
|
|
This contradicts Vietnamese labor law.
It definitely can not be enforced, however, there could be an issue of changing over your work permit from one employer to another employer after the end of your contract. This would probably be a very minor point, even if your first employer wanted to play silly buggers.
Vietnamese labor laws are generally very in favor of the employee and restriction of trade in the example you mention is not permitted in Vietnam. |
|
| Back to top |
|
|
annepi
Joined: 18 Oct 2005
Posts: 2
|
| Posted: Mon Oct 24, 2005 11:32 pm Post subject: |
|
|
| Thanks for the quick and detailed response - it's much appreciated. There are all sorts of things in the contract that are a little...unclear |
|
| Back to top |
|
|
Stosskraft
Joined: 12 Apr 2004
Posts: 252
Location: Japan
|
| Posted: Mon Oct 24, 2005 11:44 pm Post subject: |
|
|
| annepi wrote: |
| Thanks for the quick and detailed response - it's much appreciated. There are all sorts of things in the contract that are a little...unclear |
That should be a warning flag right there !
Ask the school to clear up any points that you have, and consider finding a new contract, if they dont. |
|
| Back to top |
|
|
laconic
Joined: 23 May 2005
Posts: 198
Location: "When the Lord made me he made a ramblin man."
|
| Posted: Tue Oct 25, 2005 12:55 am Post subject: Re: clauses in contracts |
|
|
| annepi wrote: |
Hi ,
I am about to start work at a school in Hanoi and am hoping that someone can give me advice regarding a clause in the contract they have sent me. It states that I cannot work for any other educational institution for 3 months after my contract has finished.
Is this the norm in Vietnam? And can it actually be enforced? Any advice that you can give me will be much appreciated
Thanks
Anne |
I would counter and insert the following clause in the contract:
"Party A (School) is prohibited from hiring another foreign or Vietnamese teacher for three months following the end of Party B's (Teacher) contract. Party A also agrees to pay Party B the full amount of three month's salary should it be adjudicated by a Vietnamese court or administrative tribunal that Party A's inclusion of a clause (prohibiting Party B's working for another educational institution for three months following the end of contrct) be found to be in violation of Vietnamese law.
I love to do this kind of thing. Really, I do. |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
